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Personal Injury
Premises Liability
Negligent Repair and Maintenance

Thomas W. Leach v. Michael F. Hirner, Raymond Patton, Kirt Goodsen

Published: Sep. 20, 2008 | Result Date: May 5, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC05443580 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Mark D. Epstein


Defendant

William M. Bennett

Gwendolyn K. Yee


Experts

Plaintiff

Claudio Bluer
(technical)

Gordon C. Lundy
(medical)

Robert Harvey
(medical)

Facts

On Sept. 26, 2004, Thomas Leach was on the roof of a building located at 33 Rausch Street in San Francisco when he fell off.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that a ladder, which was attached to the building, was defective as it had a loose upper rung. Leach filed suit against the property owners, Michael F. Hiner, Raymond Patton and Kirt Goodsen, alleging negligence in their maintenance and repair of the ladder.

DEFENDANTS' CONTENTIONS:
Defendant Hirner cross-complained against defendants Patton and Goodsen seeking apportionment of negligence, express contractual indemnity, and partial indemnity. He claimed that he was a lessee of the other defendants and thus, they were responsible.

Result

Defense verdict.

Other Information

FILING DATE: July 29, 2005.


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